Legal Question in Real Estate Law in New York

We purchased our home in NY in early 2006 and had a survey done prior to purchase. The survey shows that a fence in our back yard is slightly over the property line. Our neighbors like to cause trouble, and have told us that the fence is on their property. Additionally, they claim that our driveway is actually their property. Since we've lived here, there has been a clear demarcation between our driveway and theirs. Ours consists of paving stones, while their side is asphalt. Our survey shows that our propery consists of 15 feet next to our house for parking, but our neighbor insists that the property is theirs and she has just been allowing g us to use it. We can't reason with her, so what is the best way to handle this? Would the fence line fall under Adverse Possession as we've had it since we've moved in?


Asked on 4/26/13, 9:21 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

As long as your neighbors continue to let you use your driveway, there should not be a problem. Ask them to show you their deed which includes thw driveway in their lot.

It is possible that the two driveways together share a common easement. You would need to check the title search to determine if this is so.

However, since your fence is clearly intruding on their property, you should try to work out some solution. Otherwise, you may need to move your fence.

As far as adverse possession is concerned, I don't believe you qualify.

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Answered on 4/26/13, 4:59 pm


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